Is This The Plan

[shag]

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C.A. � 7104(a) (West 2002); 38 C.F.R. � 20.1302 (2008). In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. � 20.1106 (2008).

[Pete53]

A survivor can continue the dead Veterans claim if they ask for up to 1 year from date of death. This would cvontinue a claim past death and protect it through appeals.

[Berta]

Prior to this 'substitution' amendment ,survivors had to re-open any claims that the veteran had pending at time of death.

http://www.hadit.com/forums/index.php?show...mp;#entry183170

The 21-534 form as I recall has question as to whether there are any pending claims of the deceased veteran.

I formally re-opened an accrued claim and a pending 1151 claim even though I checked this box as yes when I filed the 534 form.

The substituton idea is geared to moving the accrued claim a little faster . The spouse who is substituted still has to provide VA any medical evidence possible to grant the accrued claim. The VA will inform them what other evidence would be needed as well as marriage license, death certificate, etc and other paper work.

Accrued claims must be filed within one year of the veteran's death, as Pete stated.

The VA holds to that year and I have never seen any exceptions.

It is best that a survivor of a veteran file the 21-534 as soon as they can as these claims can take quite a bit of time to resolve.